SCHEDULES

C1C2C3C4C5C6SCHEDULE 3 Procedure for making Harbour Revision and Empowerment Orders

Annotations:
Modifications etc. (not altering text)
C1

Sch. 3 amended by Post Office Act 1969 (c. 48, SIF 96), s. 76, Sch. 4 para. 93(1)(xxii)(2)(K), S.I. 1970/1681, Sch. 3 para. 11(3) and 1974/691, art. 2; extended by Civil Aviation Act 1982 (c. 16, SIF 9), Sch. 2 para. 4

C2

Functions of Minister of Agriculture, Fisheries and Food under Sch. 3 now exercisable (W.) by Secretary of State or by Minister of Agriculture, Fisheries and Food and Secretary of State for Wales jointly: (except para. 6) S.I. 1978/272. art. 2, Sch. 1; (para. 6) S.I. 1969/388, art. 3, Sch. 2 para. 5(x) and 1978/272, art. 2, Sch. 1

C5

Sch. 3 extended (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(2) (xi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Sch. 3 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xii); S.I. 1996/218, art. 2

Sch. 3 modified (1.3.1996) by 1995 c. 45 s. 16(1), Sch. 4 para. 2(11)(b); S.I. 1996/218, art. 2

Part II Procedure for the Making of Harbour Revision Orders by F1the Secretary of State of his own Motion . . . F2

Annotations:
Amendments (Textual)

7

Where F3the Secretary of State proposes to make, of his own motion, a harbour revision order, he shall, before doing so—

a

publish by Gazette and local advertisement and by such (if any) other means as he thinks fit a notice stating that he proposes to make the order, containing a concise summary of the provisions to be embodied in it, naming a place where a copy of the draft of the proposed order may be seen at all reasonable hours and stating that any person who desires to make to him objection to the proposal should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date (specifying it) of the first local advertisement;

b

serve on the harbour authority and on such (if any) other persons as he thinks ought to have notice of the proposal a copy of the draft of the proposed order together with a notice stating that he proposes to make the order and that if the person served desires to make to F3the Secretary of State objection to the proposal he should do so in writing (stating the grounds of his objection) before the expiration of the period of forty-two days from the date on which the notice is served on him.

8

1

Where effect has been given to paragraph 7 above in the case of a proposal of F4the Secretary of State to make, of his own motion, a harbour revision order, and the time for the due making to F4the Secretary of State of objection to the proposal has elapsed, the following provisions of this paragraph shall have effect.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

3

If objections to the proposal that were duly made to F4the Secretary of State have not been withdrawn, he shall, unless he decides to proceed no further in the matter, cause an inquiry to be held with respect to each objection so made and not withdrawn unless in his opinion it is frivolous or too trivial to warrant the holding of an inquiry with respect thereto . . . F6.

4

F7After considering the objections (if any) made and not withdrawn, and the reports of any person who held an inquiry and any person appointed for the purpose of hearing an objector, the Secretary of State, unless he decides not to make the order, may make it in the form of the draft or (subject to the restriction imposed by sub-paragraph (5) below) in that form but subject to such modifications as he thinks fit.

5

Where F4the Secretary of State proposes to make the order subject to modifications which appear to him substantially to affect the character of the order as originally proposed to be made, he shall take such steps as appear to him to be reasonably practicable for informing persons likely to be concerned, and shall not make the order until such period for consideration of, and comment upon, the proposed modifications by those persons as he thinks reasonable has elapsed.

6

F4the Secretary of State may disregard for the purposes of this paragraph an objection to the proposal unless it states the grounds on which it is made.

F88A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

So soon as may be after a harbour revision order has been made by the Minister of his own motion he shall publish by Gazette and local advertisement a notice stating that the order has been made and naming a place where a copy thereof may be inspected at all reasonable hours F10. . ., and shall serve a copy of the order on every person on whom notice of the proposal to make the order was served in compliance with the requirement imposed by paragraph 7(b) above.

F119A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .